RECORD OF PROCEEDINGS


	IN THE CASE OF:	  


	BOARD DATE:	  20 February 2008
	DOCKET NUMBER:  AR20070014135 


	I certify that hereinafter is recorded the true and complete record of the proceedings of the Army Board for Correction of Military Records in the case of the above-named individual.  


Ms. Catherine C. Mitrano

Director

Mr. Mohammed R. Elhaj

Analyst


The following members, a quorum, were present:


Mr. Patrick H. McGann, Jr.

Chairperson

Ms. Eloise C. Prendergast

Member

Mr. Michael J. Flynn

Member

	The Board considered the following evidence: 

	Exhibit A - Application for correction of military records.

	Exhibit B - Military Personnel Records (including advisory opinion, if any).


THE APPLICANT'S REQUEST, STATEMENT, AND EVIDENCE:

1.  The applicant requests:

	a.  correction of Item 25 (Separation Authority) on his DD Form 214 (Certificate of Release or Discharge from Active Duty), dated 16 February 2005, from "Chapter 11 (Entry Level Performance and Conduct)" to "Chapter 7 (Defective Enlistment);"

	b.  correction of Item 26 (Separation Code) on his DD Form 214, dated 16 February 2005, from "JGA" to the correct code; and

	c.  correction of Item 12h (Effective Date of Pay Grade), on his DD Form 214, dated 14 September 2007, from "2007 01 16" to "2006 07 17."

2.  The applicant states that:

	a.  his initial enlistment in the New Jersey Army National Guard (NJARNG) was erroneous and therefore he should have been separated under the chapter for Defective Enlistment instead of the chapter for Entry Level Performance and Conduct; 

	b.  his separation code "JGA" corresponds to separation of a pregnant Soldier and should be changed to the correct code; and

	c.  he completed the Army Junior Reserve Officer's Training Corps (JROTC) and was recommended for advancement to private first class        (PFC)/E-3 on 17 July 2006.

3.  The applicant provided the following additional documentary evidence in support of his application:

	a.  DD Form 214, dated 16 February 2005 and 14 September 2007;

	b.  Cadet Command, JROTC Certificate of Training, dated 17 July 2006;

	c.  National Guard Bureau (NGB) Form 22 (Report of Separation and Record of Service), dated 14 November 2005; and

	d.  Letter, dated 18 November 2005, from the Chief of Staff, Pennsylvania Army National Guard.  

CONSIDERATION OF EVIDENCE:

1.  The applicant's records show that he enlisted in the New Jersey Army National Guard (NJARNG) in the grade of private (PVT)/E-1 on 11 June 2004 for a period of 6 years.  He was subsequently ordered to report for basic combat training at Fort Knox, Kentucky, on 27 August 2004, and advanced individual training, at Fort Rucker, Alabama, on 8 November 2004 for military occupational specialty (MOS) 15P (Aviation Operation Specialist).  He was advanced to private two (PV2)/E-2 on 29 September 2004.

2.  The facts and circumstances surrounding the applicant's discharge are not available for review with this case.  However, the DD Form 214 he was issued at the time of his separation shows he was discharged on 16 February 2005, in accordance with chapter 11 (unsatisfactory performance and/or conduct while in entry level status) of Army Regulation 635-200 (Personnel Separations).  Item 26 of this form shows his separation code as "JGA" and Item 27 [Reentry (RE) code] shows his RE code as "3."

3.  Department of Military and Veterans Affairs, Trenton, New Jersey, published Orders 064-027, on 5 March 2005, discharging the applicant from the NJARNG effective 16 February 2005 with an uncharacterized type of discharge, in accordance with National Guard Regulation 600-200 (Enlisted Personnel Management), paragraph 8-27y, by reason of discharge from the Reserve of the Army.

4.  On 14 September 2005, the applicant enlisted in the Pennsylvania Army National Guard (PAARNG) in the grade of PFC/E-3.  However, on 18 November 2005, by letter, the Chief of Staff, PAARNG, informed the applicant that he would be discharged from the PAARNG for erroneous enlistment (failure to obtain a waiver for enlistment in the PAARNG).  

5.  The PAARNG Chief of Staff further explained to the applicant that upon his initial enlistment in the NJARNG, he completed a Questionnaire for National Security Position, Standard Form 86, with all pertinent information regarding his past.  That investigation revealed no arrest history in the initial background check and therefore did not indicate the requirement for any waiver for enlistment.  However, after discharge from the NJARNG and enlistment in the PAARNG, a comprehensive review was conducted and discovered a past arrest that resulted in one felony and four misdemeanors.  Since the PAARNG had no knowledge of past felony charges, and since he had a felony record, he required a waiver for enlistment in the PAARNG.  The Chief of Staff concluded that the applicant was therefore processed for separation for failure to obtain the required waiver.  
Accordingly, he was honorably discharged on 14 November 2005.  The NGB Form 22 he was issued at the time of his separation shows that he completed 2 months of service in the PAARNG.  

6.  On 17 July 2006, the applicant was issued a Cadet Command Certificate of Training that stated he had completed 1 year of Army and 2 years of Air Force JROTC training and the recommendation was that he be advanced to pay grade E-3 upon enlistment. 

7.  On 16 March 2007, by memorandum, the Director, Military Personnel, Headquarters, New York Army National Guard (NYARNG), Watervleit, New York, submitted a request for waiver for moral disqualification to allow the applicant enlistment in the NYARNG.

8.  On 16 March 2007, the applicant enlisted in the NYARNG, in the grade of PFC/E-3 for a period of 7 years, 1 month, and 23 days.  He was subsequently ordered to active duty on 5 July 2007, completed advanced individual training, was awarded MOS 42A (Human Resources Specialist), and was released from active duty training on 14 September 2007. 

9.  The DD Form 214 he was issued on 14 September 2007, shows his rank and pay grade as PFC/E-3.  Additionally, Item 12h shows his date of rank as a PFC/E-3 as 16 January 2007. 

10.  Army Regulation 635-200 sets policies, standards, and procedures for separation of enlisted personnel.  Chapter 11 of this regulation sets policy and provides guidance for the separation of Soldiers because of unsatisfactory performance.  Separation of a Soldier in entry level status may be warranted on the grounds of unsatisfactory performance and/or unsatisfactory conduct as evidenced by inability, lack of reasonable effort, failure to adapt to the military environment, and/or minor disciplinary infractions.  This policy applies to Soldiers who enlisted in the Regular Army, Army National Guard, and U.S. Army Reserve; who are in entry-level status, undergoing initial entry training, and, before the date of the initiation of separation action, have completed no more than 180 days of creditable continuous active duty or initial active duty training or no more than 90 days of Phase II under a split or alternate training option; and have demonstrated that they are not qualified for retention.




11.  Chapter 11 further illustrates examples or conditions of conduct and/or performance that disqualify Soldiers for retention such as those Soldiers who cannot or will not adapt socially or emotionally to military life or cannot meet the minimum standards prescribed for successful completion of training because of lack of aptitude, ability, motivation, or self-discipline, or have demonstrated character and behavior characteristics not compatible with satisfactory continued service.  Service will be described as uncharacterized.  An ARNGUS Soldier who is being separated for any reason for which a Regular Army soldier would be discharged will be discharged from his/her Reserve of the Army status. The Soldier will be returned to the appropriate State National Guard authorities for discharge from the Army National Guard.  

12.  Army Regulation 635-200 states, in pertinent part, that prior to discharge or release from active duty, individuals will be assigned RE codes, based on their service records or the reason for discharge.  Army Regulation 601-210 (Regular Army and Army Reserve Enlistment Program), covers eligibility criteria, policies, and procedures for enlistment and processing into the Regular Army (RA) and the US Army Reserve.  Table 3-1 included a list of the Regular Army Reenlistment Eligibility Codes (RE codes).  RE-3 applies to Soldiers who are not considered fully qualified for reentry or continuous service at time of separation, but disqualification is waivable.  They are ineligible unless a waiver is granted. 

13.  Army Regulation 635-5-1 (Separation Program Designator Codes) states that the Separation Program Designator (SPD) codes are three-character alphabetic combinations, which identify reasons for, and types of separation from active duty.  The primary purpose of SPD codes is to provide statistical accounting of reasons for separation.  They are intended exclusively for the internal use of DOD and the military services to assist in the collection and analysis of separation data.  The "JGA" SPD code is the correct code for Soldiers separating under chapter 11 of Army Regulation 635-200, Entry Level Performance and Conduct.

DISCUSSION AND CONCLUSIONS:

1.  In the absence of the facts and circumstances surrounding the applicant’s discharge proceedings from the NJARNG, it is presumed that the discharge proceedings were conducted in accordance with law and regulation applicable at the time.  There is no evidence in the available records and the applicant failed to provide substantiating evidence that shows his initial enlistment in the NJARNG was erroneous.  

2.  Discharges under the provisions of chapter 11 of Army Regulation 635-200 are warranted on the grounds of unsatisfactory performance and/or unsatisfactory conduct as evidenced by inability, lack of reasonable effort, failure to adapt to the military environment, and/or minor disciplinary infractions.  The appropriate SPD code associated with a chapter 11 is SPD code "JGA."  Therefore, the SPD code shown in Item 26 of the applicant's DD Form 214, dated 16 February 2005, is correct.

3.  Evidence of record shows the applicant enlisted in the PAARNG on 
14 September 2005 in the grade of PFC/E-3 and he was separated on 
14 November 2005.  He completed 2 months time in grade as a PFC/E-3.  He subsequently enlisted in the NYARNG on 16 March 2007 and received 2 months credit as a PFC/E-3, making his date of rank to PFC/E-3 effective 16 January 2007 which is correctly shown on his DD Form 214, dated 14 September 2007.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

________  ________  ________  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

__phm___  __ecp___  __mjf___  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

The evidence presented does not demonstrate the existence of a probable error or injustice.  Therefore, the Board determined that the overall merits of this case are insufficient as a basis for correction of the records of the individual concerned.



						Patrick H. McGann, Jr.
______________________
          CHAIRPERSON




INDEX

CASE ID
AR
SUFFIX

RECON
YYYYMMDD
DATE BOARDED
YYYYMMDD
TYPE OF DISCHARGE
(HD, GD, UOTHC, UD, BCD, DD, UNCHAR)
DATE OF DISCHARGE
YYYYMMDD
DISCHARGE AUTHORITY
AR . . . . .  
DISCHARGE REASON

BOARD DECISION
(NC, GRANT , DENY, GRANT PLUS)
REVIEW AUTHORITY

ISSUES         1.

2.

3.

4.

5.

6.